A few unscrupulous lenders are tricking cash-strapped, unknowing borrowers into
expensive home equity loans and mortgages. The big risk: If you can't repay the
loan you could lose your home. Here is useful information for anyone thinking
about a home loan. Homeownership is at an all-time high. That's
great news. But the media, financial regulatory agencies and law enforcement
officials also are reporting that something is robbing homeowners of money and
putting many of these same families at risk of losing their homes. It's
a problem known as "predatory" lending. There is no clear-cut definition of a
predatory loan, but many experts agree that it is the result of a company
misleading, tricking and sometimes coercing someone into taking out a home loan
(typically a home equity loan or mortgage refinancing) at excessive costs and
without regard to the homeowner's ability to repay. Victims who have trouble
repaying a predatory loan often face harassing collection tactics or are
encouraged to refinance the loan at even higher fees. And remember this: If
you pledge your home as collateral for a loan, and you can't repay, you
could lose your home. Predatory mortgage lending primarily has been a
problem with non-bank companies that specialize in marketing to people with
poor credit histories. These companies may include some mortgage brokers, home
improvement contractors and finance companies. Predatory lending also has been
associated with non-mortgage loans. Obviously, not every non-bank lender is
unscrupulous, but you need to be informed so you can avoid doing business with
those that are. Reports indicate that predatory lenders target consumers
they believe are in need of cash or are otherwise vulnerable. Examples include
older people who need money for medical bills or home repairs; moderate- and
middle-income consumers who need to pay off credit card bills or consolidate
other debts,or who want to make some dream purchase; people who don't shop
around for goods and services; and lower-income or minority communities where
there may be limited competition from more reputable lenders. "Some abusive
lenders use misinformation and high-pressure tactics to prey on vulnerable
homeowners," says FDIC Chairman Donald E. Powell. "Clearly, one solution is to
make sure that homeowners are aware of the predatory lending problem, so they
are in a better position to protect their investment."
Various federal laws help protect consumers from certain predatory lending
practices. The Truth in Lending Act, for example, requires lenders to provide
timely information about loan terms and costs. The law also gives consumers
the right to cancel a home equity loan and certain other loans secured by a
home up to three business days after signing the loan contract.(This is known
as your "right of rescission.") Furthermore, under the federal Home
Ownership and Equity Protection Act (HOEPA),if a refinancing or a home equity
loan is classified as "high cost," the lender must provide key information
about the loan three days before closing on the loan. The HOEPA also prohibits
lenders from making a home equity loan without regard to a borrower's ability
to repay. These laws provide important protections and information for
consumers. But there also are important steps you can take to protect
yourself... and your home... from a predatory loan. Here are our suggestions,
many of which can be useful for anyone thinking about obtaining a home equity
loan or mortgage. 1.
Ask yourself: Do I really need this loan? "If you are having money problems,
consider all your options before you use your home as collateral for a loan,"
says Jeanne M. Hogarth, program manager for consumer policies with the Federal
Reserve Board. "Talk with someone knowledgeable and trustworthy before making
any decisions. Remember, if you decide to get a home loan and can't make the
payments, the lender could foreclose and you could lose your home." Hogarth
says among the resources you may wish to consult are your lenders, a reputable
credit counseling service in your community, and a local social services agency.
There also are housing counseling agencies that offer advice on everything from
buying and financing a home to avoiding foreclosure if you miss loan payments.
The U.S. Department of Housing and Urban
Development (HUD) can suggest a housing counseling agency near you.
2. Deal with a reputable lender. Be careful when
dealing with unfamiliar lenders, home-improvement contractors or loan brokers,
especially those who contact you out of the blue. And, don't fall for a
friendly voice or a fantastic-sounding sales pitch, either. "Many people can
avoid being talked into loans they cannot afford if they learn how to recognize
fair and honest lenders before borrowing money, "says Valerie Williams,
a Community Affairs Officer with the FDIC. Your best approach? "Deal with
lenders who have a good reputation in the community,"she says, "and guard
against lenders who resort to high-pressure practices." Other qualities to
look for in a lender, according to Williams: someone who will put all costs in
writing, carefully explain the loan, encourage you to ask questions, and not
rush you into a quick decision. Also, find out if there have been consumer
complaints filed against an unfamiliar lender. Start by contacting your state
government's consumer protection or Attorney General's office (listed in your
phone book or other directories) or the local Better Business Bureau.
3.
Ask questions and shop around. If you need to borrow money, contact several
banking institutions or other reputable lenders, not just one. Most experts
recommend getting quotes from a minimum of three lenders. "The best deal isn't
always the first one you find," says Kevin Shields, an FDIC Community Affairs
Specialist. Find out about the different types of loans that meet your needs
and financial situation, especially the loans that don't require you to put
your home at risk if you run into repayment problems. Also, be wary of any
offer to lend more than what your house is worth. That may sound like a good
opportunity, but remember that if you run into problems repaying the loan, you
could lose your home and still owe money to the lender (the amount of
the loan above the value of your home). Don't focus on getting the lowest
monthly payment. Consider the duration or term of the loan and the total cost
of the loan fees, especially those you'd be paying back (with interest) during
the life of the loan. Then negotiate for the best deal just as you would for a
new car. Let the lenders know you've been shopping around. They may be willing
to compete for your business by offering better rates or terms. For a list of
questions to ask a lender, see our
list of questions to ask a lender. 4. Understand
the importance of credit reports and credit scores. It's a good idea to
make sure your credit report accurately reflects your credit history, such as
how you repay credit cards and loans. Some consumers who have inaccurate
information in their credit report (compiledby credit bureaus) could qualify
for a lower-priced loan after their records are corrected.
For certain loans secured
by a home, you have up to three business days after signing a loan contract
to change your mind and cancel the deal without penalty.
You can get a copy of your credit report (free in some cases but no more than
$9 under current law) by contacting any of the three major credit bureaus:
Equifax (call 800-685-1111 or go to
http://www.equifax.com/on the Internet)
;Experian (866-200-6020, which is toll free, or go to
http://www.experian.com/);
and TransUnion (800-888-4213 or
http://www.transunion.com/). Primarily because not all lenders report
information to all three of these credit bureaus,your credit reports may vary
significantly. That's why some experts suggest that you review your credit
report from all three. Many lenders also use an applicant's credit score in
deciding whether to give that person credit and at what cost. Your credit
score usually is a number between 300 and 900. A high score means you could get
a "prime" loan with an attractive interest rate. A low score means you may only
qualify for a "subprime" loan with higher rates and fees than those quoted to
people with unblemished credit. Your credit score information, which includes
an explanation of how your score was derived and, in some instances, how you
can improve your score, is available for a small fee. You can obtain your
credit score information by calling or checking the Web site of any of the
credit bureaus mentioned previously. "Knowing your credit score, correcting
errors in your credit report and aggressively shopping among several lenders
will help you get a good loan, "says Angelisa Harris, a Senior Community
Affairs Specialist with the FDIC. She adds that if you currently have a low
credit score, you may want to wait until you improve your credit score before
taking out a loan that could place your home at risk. 5.
Know what you are signing. Read the loan documents carefully,
especially the fine print. Only sign a loan agreement after you understand the
terms of the loan, the fees, and your obligation to repay. For example, know
whether your loan agreement contains a "balloon payment" or a prepayment
penalty. (See our list of
Questions to Ask.) Under federal laws such as the Real Estate Settlement
Procedures Act and the Truth in Lending Act, you have a right to key
information about how much you can expect to pay for a loan. For example, you
must receive a "Good Faith Estimate" of mortgage loan settlement fees and
services early on in the process. You also have the right to get a preliminary
statement of final settlement costs (it's called the "HUD-1" form) the day
before the closing. You may want to ask an attorney or a housing counselor to
review this document prior to closing. When you get these and other loan
documents, look in the fine print for overcharges - perhaps a payment to a
broker you never met, a bill for a detailed appraisal when only a drive-by
review was performed, and fees for credit reports that are many times their
actual cost. At closing, compare the interest rate, fees and other costs shown
in the final documents with those given to you in preliminary estimates.
Other words of wisdom: Never let a lender rush you or pressure you into
signing a loan contract - a possible sign that the lender has changed loan
terms and doesn't want you to notice. Check that all the information in your
application accurately reflects your financial situation, and never agree to
falsify information on a loan application in order to qualify for the loan.
Don't sign a loan contract if the terms have changed from what you were told
previously and if the lender can't explain to your satisfaction the reasons for
the change. Likewise, make sure you only sign a complete and final loan
agreement. Don't sign if there are blanks for dollar amounts or loan terms,
even if someone offers to "take care of things" for you, because they may
only take you for a lot of money! If you're not comfortable going to
the closing alone, consider having a lawyer there with you to examine the loan documents
before you sign. Get a copy of the signed loan documents before you leave the closing and
keep them inyour files. Should a predatory lender change the terms of the loan
from what was agreed upon at the closing, contact HUD, a housing counselor or
an attorney and provide a copy of your signed loan documents.
Important reminder: For certain loans secured by your home, federal law gives
you up to three business days after signing a loan contract to change your
mind for any reason and cancel the deal without penalty. 6.
Speak up if you think you've been treated improperly.Try to resolve
any problems with the lender. If that doesn't work, consider asking for help from the
appropriate state or federal government agency. A good place to start is your state's
consumer protection office or Attorney General. In addition, several federal government
agencies also are good sources of
guidanceand assistance.
The FDIC's Kevin Shields also notes that a variety of legal services
organizations provide special help to low-income people who have been
victimized by predatory lenders. They also can be found in your phone book or
by calling your state or local government. Final Thoughts
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Global View of
loan and
further information concerning
home
The bottom line: Don't rush into a decision with any loan, but especially
one where you can lose your home if you can't make your payments. Be aware
of your options - especially the different kinds of loans available from
reputable lenders. Review the terms and conditions of the loan before you
sign on the dotted line. And remember that if you have questions or concerns,
there are government agencies and other organizations in your community that
can come to your assistance. You do not need to face a loan problem alone.
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